October 2023

Fellows:

My wife Pat and I thoroughly enjoyed the Annual Meeting in San Diego. Our presenters were remarkable, the CLE program on advocating for the innocent was inspiring, the social events were memorable, and the weekend was capped by a magnificent response on behalf of our new inductees delivered by Austin, Texas Fellow David Gonzalez. In a meeting that had a certain baseball backdrop, David literally hit it out of the park with his response. For those of you who were not able to join us in San Diego, you will find it more than worthwhile to view all of the weekend presentations on the ACTL website when they become available.



In my new role as President, Pat and I will be traveling to Casper, Wyoming on October 6 for my first state committee meeting. I will be spreading the message there – a message to be repeated at our upcoming Leadership Workshop in Washington, DC on October 12 through 14 – of the need for our Fellows to become more engaged in the work of the College. Volunteers are needed for our regional trial and moot court law school competitions in the US and Canada, for the training programs organized by our Boot Camp and Teaching of Trial and Appellate Advocacy Committees, and for our Civics Engagement partnership with the National Constitution Center through its Peer-to-Peer Scholar Exchange Program. In addition, the Mentoring Committee will be planning for our third year of providing guidance to first generation lawyers who are selected for Just The Beginning internships with federal judges for the summer, funded in part through a generous contribution from the ACTL Foundation. All of these programs are worthy of your time and efforts. As we told the new Fellows inducted in San Diego, the College needs you to fulfill its various missions and to remain a vital player in the improvement of the administration of justice and affording access to justice for those less fortunate.

One focus of the Leadership Workshop will include the College’s plans to embark on a Strategic Plan, ensuring that the College continues to stay relevant while responding to the needs and desires of our Fellows. I am happy to report that our continuing efforts to improve the diversity of the College continue to pay dividends. The Board of Regents considered the nomination of 113 prospective Fellows in San Diego. Of the 94 that were approved, 28 are women, 9 are attorneys of color and 6 are prosecutors, public defenders and other lawyers working in the public sector. Thanks to the efforts of our Immediate Past President Susan Harriman and our State Committees, the College is on track to achieve our goals of ensuring that our new Fellows reflect the diversity of our profession, and that they represent all trial practice areas and every region throughout our states and provinces, while maintaining our standards of excellence. 

Best wishes for the coming Fall – and for a long postseason featuring the Baltimore Orioles. 

William J. Murphy

ACTL President

The 2024 Spring Meeting in Phoenix, Arizona promises an incredible line-up of speakers, fabulous evening events and a dose of desert sunshine. Registration opens early December. More information coming soon!

The American College of Trial Lawyers (ACTL) condemns the growing number of threats and invective made against judges in recent years. In the last week alone, two troubling examples have received considerable attention. 

Read the Press Release here.

The wildfire that incinerated Lahaina, Maui on August 9, 2023 created a human tragedy of staggering proportions – particularly for a relatively small island that is as far from the US mainland as Los Angeles is from New York. The tragedy also created an urgent need for legal services for wildfire survivors. The Foundation was quickly able to determine that the Legal Aid Society of Hawaii would be the lead organization providing direct legal assistance as well as coordinating pro bono assistance to the wildfire victims. The Foundation also learned that LAS Hawaii was “inundated” with legal aid requests but had no funds to deal with those unexpected needs. To compound the problem, the only LAS lawyer on Maui had quit less than two weeks before the wildfire occurred. 

As a result, the Foundation strongly encouraged LAS Hawaii to submit a grant request, which it did on an expedited basis. The Foundation's Board approved that request and awarded a $75,000 grant to aid wildfire victims just six weeks after the tragedy had occurred. The ACTL Foundation's award is the first major grant that LAS Hawaii has received to assist wildfire victims, which will ultimately cost $1M or more.

Because justice can’t wait . . .

David J. Hensler

President, ACTL Foundation

State and Province Committees

Alabama: The Alabama Fellows will host a Judicial Conference for the State Circuit Court Judges in February 2024. They also continue to hold four CLE programs each year in conjunction with the law schools in the state of Alabama, using the ACTL ethics and professionalism vignettes.

Arizona: The 2023 Jenckes Competition is set for November 17, 2023 at the University of Arizona College of Law in Tucson.

District of Columbia: On June 5, the DC Fellows hosted their 10th CLE session on Trial Tactics, a program designed to teach less experienced lawyers the ins and outs of trial. Additionally, Fellows William Jeffress, Robert Trout, A.J. Kramer, Brian Schwalb, Frederick Yette, and Brandi Harden served as mentors to summer interns working in the chambers of D.C. federal judges.

Georgia: Fellows are actively engaged in professionalism programs at all five Georgia law schools. Additionally, six Georgia Fellows mentored three judicial interns over the summer.

Indiana: On September 13, State Chair Steven Langer spoke about the College at the Indiana Judges Institute.

Louisiana: The Louisiana Fellows contributed $5,000 to fund a Southern University Law Student Intern at the New Orleans Innocence Project this past summer. State Committee Member Kim Boyle and Immediate Past Chair James Brown worked closely with Distinguished Pro Bono Fellows Committee Chair Mark Surprenant and Judicial Fellow Hon. Brian Jackson on this continuing initiative. State Committee Member Bruce Parkerson stepped up to mentor another ACTL intern working in U.S. Magistrate Judge Wilder-Doomes’ chambers at the USDC in Baton Rouge.

Maryland: Recent activities include: sponsoring a Litigation Boot Camp at the United States District Court for the District of Maryland (Southern Division); sponsoring a Trial Training Program at the Legal Aid Bureau, the largest provider of free, direct legal services in Maryland and; sponsoring a trial advocacy program at the University of Maryland and University of Baltimore law schools.

Mississippi: The Mississippi Fellows will once again put on a presentation at the Mississippi Trial and Appellate Judges Annual Conference slated to take place in late October.

Missouri: The Missouri Fellows have planned an Electronic Evidence Seminar at the University of Missouri, Kansas City for the fall. Several additional presentations at law schools are being planned, covering topics such as trial skills, ethics, and professionalism.

New Jersey: A seminar at Rutgers University entitled “Alternatives to the Court House in a Post-Covid Environment” is set for October 11, 2023. State Committee Vice Chair Bill Wallach will moderate a panel comprised of former Chief Judge Freda Wolfson, Fellow Dennis Drasco and Heritage Committee Chair Ed Kole.

New York – Downstate: On December 11, the Fellows will be co-sponsoring a trial training program on direct and cross examination, in partnership with FBC and NITA, for lawyers in the SDNY and EDNY. 



Pennsylvania: Several Fellows, including Immediate Past State Chair John Conti, will be presenting a fall CLE to state judges on the topic of medical malpractice litigation. The Fellows are also in the process of planning and scheduling a spring CLE on the topic of products liability litigation.

Dwight E. Tarwater

Knoxville, Tennessee

Judge

Tennessee Supreme Court

September, 2023

Sarah A. Inness

Winnipeg, Manitoba

Justice

Manitoba Court of Appeal

September, 2023

The College recognizes extraordinary individuals and their important contributions to the law through the awards described below. A nominator need only submit a letter of support, and the award committee will complete an investigation before deciding whether to recommend the person to the Board of Regents. Please consider nominating a worthy recipient. You may send your letter to nationaloffice@actl.com or directly to the committee chair indicated below.

Thurgood Marshall Equality and Justice Award

The Thurgood Marshall Equality and Justice Award, named for the revered lawyer, civil rights advocate and first Black Associate Justice of the Supreme Court of the United States, is to be given from time to time to an individual who has been a champion of justice and equality in all forms, including but not limited to race, ethnicity, gender or sexual orientation or other form. The candidate must possess vision, courage, and fortitude, and must have stood steadfast in the passionate and effective pursuit of equal justice under the law. At this year’s Spring Meeting in Key Biscayne, the award will be presented to attorney and civil rights activist Fred Gray of Tuskegee, Alabama.

Chair: Lamont Jefferson

Hawaii Fellows Dinner, Honolulu: September 9, 2023

President Harriman finished her year with fabulous ocean views and a paddleboard lesson in Honolulu, Hawaii, followed by the Hawaii Fellows Dinner on September 9. The Hawaii Fellows Dinner was held at the Outrigger Canoe Club, which is on the beach in Waikiki. After State Chair David Louie presented President Harriman and outgoing Regent Peter Akmajian with leis, everyone mingled, enjoying the sunset and eating sushi. Following dinner, State Chair Louie then introduced President Harriman for brief remarks. President Harriman spoke about the urgent need for legal assistance following the Maui wildfires, and that the ACTL Foundation would be making a donation to the Hawaii Legal Aid Society to assist the victims of the tragedy.

Idaho Fellows Dinner, Boise: September 9, 2023



On September 9, Past President O’Donnell attended the Idaho Fellows Dinner at the Crane Creek Country Club, in Boise, Idaho. As the Idaho Fellows did not meet during the pandemic, they were delighted to get together. State Chair Ray Powers introduced Past President O’Donnell for remarks. O'Donnell discussed the State, Province and General Committees and summarized ACTL diversity efforts. State Chair Powers introduced two Fellows, Scott McKay and David Nevin, who have represented Guantanamo detainees. Thirty detainees of the original 800 remain in custody at Guantanamo. They are committed and passionate about their efforts on behalf of the clients. It was a fascinating discussion.

The College has been notified of the passing of the Fellows listed below. The date after each name notes the year of induction into the College, and the date following the city is the date of his or her passing. A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.

Connecticut

Robert J. Cooney, ’86, Trumbull, September 13, 2023

District of Columbia

Robert S. Bennett, ’83, Washington, September 10, 2023

Illinois

Charles W. Douglas, ’08, Chicago, September 8, 20023

Iowa

David E. Funkhouser, ’91, Mason City, September 1, 2023

Massachusetts

Francis H. Fox, ’81, Sharon, September 6, 2023

New Jersey

Bruce Goldstein, ’92, Morristown, September 2. 2023

Ontario

Tom Bastedo, K.C., ’97, Toronto, February 15, 2023

Virginia

Carrol C. Johnson, ’87, Culpeper, August 18, 2023

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